[Cites 9, Cited by 0]
Kerala High Court
Mubasheer T vs The Sub Divisional Magistrate, ... on 6 April, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:30007
CRL.MC NO. 3114 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 6TH DAY OF APRIL 2026 / 16TH CHAITHRA, 1948
CRL.MC NO. 3114 OF 2026
AGAINST THE ORDER DATED 06.12.2025 IN MC NO.230 OF 2025
OF SUB DIVISIONAL MAGISTRATE, KANHANGAD
PETITIONER/COUNTER PETITIONER:
MUBASHEER T
AGED 38 YEARS
S/O ABDUL KAREEM, PODAVOOR HOUSE, MANNAMPURAM,
NILESHWARAM, KASARGOD DISTRICT., PIN - 671314
BY ADV SRI.P.K.SUBHASH
RESPONDENTS/STATE:
1 THE SUB DIVISIONAL MAGISTRATE, KANHANGAD
OFFICE OF THE SUB DIVISIONAL MAGISTRATE KANHANGAD,
KASARAGOD DISTRICT., PIN - 671315
2 THE INSPECTOR OF POLICE
NILESHWARAM POLICE STATION, KASARGOD DISTRICT,
PIN - 671314
3 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA AT ERNAKULAM, PIN - 682031
SR.PP. SMT. SEETHA S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 3114 OF 2026
2
ORDER
Dated this the 6th day of April, 2026
The petitioner is the counter petitioner in
M.C.No.230/2025 on the file of the Court of the Sub
Divisional Magistrate, Kanhangad.
2. The petitioner has stated in the Criminal
Miscellaneous Case that he has been served with
Annexure-A1 preliminary order directing him to show
cause why he should not be called upon to execute a
bond for Rs.50,000/- with two solvent sureties for Rs.
50,000/-each for the purpose of keeping peace for a
period of one year as envisaged under Section 126 read
with Section 130 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 ('BNSS', in short).
3. The petitioner contends that, Annexure-A1
preliminary order is unsustainable in law because the Sub
Divisional Magistrate has not set forth the substance of
the information in the said order, which is mandatory
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under Section 126 read with Section 130 of the BNSS,
and the law laid down by this Court in Moidu vs. State of
Kerala (1982 KHC 139). Therefore, Annexure-A1
preliminary order may be quashed.
4. Heard; Sri.P.K.Subhash, the learned Counsel
for the petitioner and Sri.M.P.Prasanth, the learned
Public Prosecutor.
5. In the above context it is necessary to refer to
Sections 126 and 130 of the BNSS, which corresponds to
the erstwhile Sections 107 and 111 of the Code of
Criminal Procedure,which reads as follows:
"126.(1) When an Executive Magistrate receives information
that any person is likely to commit a breach of the peace or
disturb the public tranquillity or to do any wrongful act that
may probably occasion a breach of the peace or disturb the
public tranquility and is of opinion that there is sufficient
ground for proceeding, he may, in the manner hereinafter
provided, require such person to show cause why he should
not be ordered to execute a bond or bail bond for keeping the
peace for such period, not exceeding one year, as the
Magistrate thinks fit.
(2) Proceedings under this section may be taken before any
Executive Magistrate when either the place where the breach
of the peace or disturbance is apprehended is within his local
jurisdiction or there is within such jurisdiction a person who
is likely to commit a breach of the peace or disturb the public
tranquillity or to do any wrongful act as aforesaid beyond
such jurisdiction."
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"130. When a Magistrate acting under section 126, section
127, section 128 or section 129, deems it necessary to
require any person to show cause under such section, he
shall make an order in writing, setting forth the substance of
the information received, the amount of the bond to be
executed, the term for which it is to be in force and the
number of sureties, after considering the sufficiency and
fitness of sureties".
6. The above provisions explicitly postulates that
the Executive Magistrate, on receiving information that
any person is likely to commit a breach of peace, disturb
the public tranquility or does any wrongful act, and that
there are sufficient grounds to proceed against him, the
Executive Magistrate may, in the manner provided under
Chapter IX of the BNSS, require such person to show
cause why he should not be ordered to execute a bond or
bail bond for his good behavior for such period, not
exceeding one year provided an order in writing is
passed, setting forth the substance of information
received, the amount of bond to be executed, the term for
which it is to be in force and the number of sureties.
7. It is the petitioner's case that, the Sub
Divisional Magistrate has passed Annexure-A1 order
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without furnishing the substance of information. Instead,
the Sub Divisional Magistrate has merely stated that the
petitioner is involved in a crime registered by the Police.
8. In Jayanth K. C. v. State of Kerala (2025 KHC
1591), this Court has held that mere registration of a
crime and an anticipation of possible violence, without
imminent threat to peace, is insufficient to justify an
order under Section 111 of the Cr.P.C.
9. Similarly in Girish P. and others v. State of
Kerala and another (2009 (4) KHC 929), this Court has
held that unless the substance of information is stated in
an order passed under Section 111 of the Cr.P.C, the
order passed under Section 107 of the Cr.P.C., is bad in
law.
In light of the principles laid down in the afore-
cited decisions and the fact that substance of information
is conspicuously absent in Annexure-A1 preliminary
order, I am satisfied that the Crl.M.C. is to be allowed.
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Accordingly Annexure-A1 preliminary order is set aside.
The Sub Divisional Magistrate is directed to reconsider
the matter as per the mandate under Sections 126 and
130 of the BNSS and in accordance with law.
Sd/-
C.S.DIAS, JUDGE
rmm/6/4/2026
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CRL.MC NO. 3114 OF 2026
APPENDIX OF CRL.MC NO. 3114 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER DATED 06.12.2025
IN MC NO. 230/2025 ISSUED BY THE 1ST
RESPONDENT
